In a recent Illinois appellate case, the defendant appealed after being convicted of armed robbery, which is a Class X felony. He was sentenced to 21 years in prison, which is the six-year minimum plus a 15-year enhancement for using firearms. He was indicted based on a theory of accountability. Prosecutors claimed he knowingly took money from the victim’s person by threatening the use of force while carrying a firearm.
The defendant was separately charged with attempted armed robbery, and he pled guilty to that charge. He was admonished of his right to a jury trial, and he agreed to waive his right. The case at hand was set for a jury trial, but a few months before the trial, the defense attorney told the court that sentencing in the attempted armed robbery case was supposed to occur on the same day. The defendant’s attorney also said at that point that the current case would be a bench trial, and they’d waived a jury trial. There was no written jury waiver.
Subsequently, the State filed a notice of intent to ask for a 15-year sentencing enhancement upon conviction under section 111-3(c) of the Code of Criminal Procedure of 1963 (Code) (725 ILCS 5/111-3(c)).